Legal Opinion

Waterfront Joints, Inc. v. Tarrytown Boat Club, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 2014No. 2013-06727PublishedCited by 2 opinions

1Opinion of the Court

In an action for a declaratory judgment and to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated May 22, 2013, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1).

Ordered that the order is affirmed, with costs.

The Supreme Court properly directed the dismissal of the first three causes of action, which were for declaratory relief, pursuant to CPLR 3211 (a) (1). A stipulation of settlement (hereinafter the stipulation), entered into between the parties in a nonpayment…

2Cases cited6 opinions

  1. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
  2. Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
  3. MHR Capital Partners LP v. Presstek, Inc.New York Court of Appeals · 2009
  4. Mazur Bros. Realty v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  5. Central Funding Co. v. DeglinNew York Court of Appeals · 1979

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Wilson v. Poughkeepsie City School DistrictAppellate Division of the Supreme Court of the State of New York · 2017
  2. Mahmood v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2018

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